In U.S. v. Garcia-Cordero, No. 09-10292 (June 29, 2010), the Court held that 8 U.S.C. § 1324(a)(2)(B)(iii), which imposes a duty on individuals transporting international passengers to “bring and present” those passengers to appropriate immigration officers at a designated point of entry immediately upon arrival into the country, does not violate a defendant’s privilege against self-incrimination.
The Court noted that the “regulatory regime” doctrine permits the government to compel conduct without violating the privilege against self-incrimination. The Court noted that drivers involved in accidents are required to exchange names and addresses with the drivers of other vehicles, and that persons are required to file income tax returns, even when doing so may expose them to criminal charges.
The Court noted that immigration law is properly classified as regulatory rather than criminal. The “bring and present” requirement is part of the federal regulatory scheme through which the government controls the national borders. The requirement therefore did not run afoul of the caselaw that prohibits invasions of privilege when imposed on “highly selective groups.”
